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Orders of the Hon’ble the Chief Justice may be obtained for placing this matter before a larger Bench.” “Whether the complaint filed under Section 138 of the NI Act is within or beyond time as it was contended that it was not filed within one month from the date on which the cause of action arose under clause (c) of the proviso to Section 138 of the NI Act? We will have to therefore re-examine it for the purpose of answering the reference. Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid. The cause of action, therefore, arose on 15/10/1995.We have also carefully perused their written submissions. Prerna Mehta, learned counsel for the appellant submitted that Saketh lays down the correct law. Act is a special statute and it does not expressly bar the applicability of the Limitation Act. However, the word ‘of’ is different and needs to be interpreted to include the starting day of the commencement of the prescribed period.She submitted that as held by this Court in Saketh while computing the period of one month as provided under Section 142(b) of the N. Act, the first day on which the cause of action has arisen has to be excluded. Counsel submitted that Saketh has been followed by this Court in , (2010) 12 SCC 210 where it is held that Section 12 of the Limitation Act is applicable to the Arbitration and Conciliation Act, 1996 (for short, “the Arbitration Act"), which is a statute providing for its own period of limitation. Counsel submitted that if this Court reaches a conclusion that the provisions of the Limitation Act are not applicable to the N. Act, it should hold that Section 9 of the General Clauses Act, 1897 covers this case. It is not governed by Section 9 of the General Clauses Act, 1897.Completely free Coimbatore dating site for singles real whatsapp girls and guys to get the whatsapp mobile numbers by chatting with them and meeting online in Coimbatore!
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